BILL NUMBER: AB 2644	CHAPTERED  09/14/00

	CHAPTER   443
	FILED WITH SECRETARY OF STATE   SEPTEMBER 14, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 13, 2000
	PASSED THE ASSEMBLY   AUGUST 29, 2000
	PASSED THE SENATE   AUGUST 22, 2000
	AMENDED IN SENATE   AUGUST 18, 2000
	AMENDED IN SENATE   AUGUST 8, 2000
	AMENDED IN SENATE   JUNE 28, 2000
	AMENDED IN SENATE   JUNE 26, 2000
	AMENDED IN ASSEMBLY   MAY 3, 2000
	AMENDED IN ASSEMBLY   APRIL 11, 2000

INTRODUCED BY   Assembly Member Calderon

                        FEBRUARY 25, 2000

   An act to amend Sections 17210, 17210.1, 17213.1, and 17213.2 of,
and to add Section 17072.18 to, the Education Code, relating to
school facilities, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2644, Calderon.  School facilities:  contamination.
   (1) Existing law defines "environmental assessor" for purposes of
assessing proposed schoolsites for environmental hazards as a class
II environmental assessor registered by the Office of Environmental
Health Hazard Assessment or a licensed hazardous substance
contractor.
   This bill would include in that definition a registered
professional engineer, a registered geologist, and a registered
certified engineer geologist.
   (2) Existing law defines a "Phase I environmental assessment."
   This bill would provide that a Phase I environmental assessment
conducted pursuant to the requirements adopted by the American
Society for Testing and Materials for due diligence for commercial
real estate transactions satisfies the requirements for conducting a
Phase I environmental assessment unless and until the Department of
Toxic Substances Control adopts final regulations that establish
guidelines for a Phase I environmental assessment for purposes of
schoolsites that impose different requirements from those imposed by
the American Society for Testing and Materials.
   (3) Existing law requires the Department of Toxic Substances
Control to comply with provisions of law regarding public
participation in response actions undertaken for certain listed sites
and community advisory groups established to review and comment on
the response actions conducted in affected communities.
   The bill would require a school district to provide a notice to
residents in the immediate area, approved in form by the Department
of Toxic Substances Control, prior to the commencement of work on a
preliminary endangerment assessment, thereby imposing a
state-mandated local program.
   (4) Existing law requires the Department of Toxic Substances
Control to comply with certain provisions of law when recovering its
costs incurred in carrying out its duties with regard to schoolsites.

   This bill would make that requirement contingent on the
Legislature not otherwise funding the department's costs for
overseeing the actions taken with regard to schoolsites.
   (5) Existing law requires the governing board of a school
district, as a condition of receiving state funding under the Leroy
F. Greene School Facilities Act (Greene Act) of 1998, to have
conducted a Phase I environmental assessment of a proposed schoolsite
before acquiring the site.
   This bill would require the Department of Toxic Substances
Control, if it determines that the Phase I environmental assessment
is not complete or disapproves the Phase I environmental assessment,
to inform the school district of the decision, the basis for the
decision, and actions necessary to secure department approval of the
Phase I environmental assessment.  The bill would require the school
district to take actions necessary to secure the approval of the
Phase I environmental assessment, elect to conduct a preliminary
endangerment assessment, or elect not to pursue the acquisition of
the construction project.  The bill would permit the State Allocation
Board to provide funding for response costs of the removal of
hazardous waste or substances at schoolsites in a school district
that has not received Greene Act funds for site acquisition, but will
undertake construction on the site in accordance with the Greene
Act.
   (6) Existing law immunizes a school district from liability in any
action filed against the school district for making a preliminary
endangerment assessment or information concerning that assessment
available for public review.
   This bill would extend that immunity to cover the availability for
public review of Phase I environmental assessments and information
concerning that assessment.
  (7) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   This bill would declare that it is to take effect immediately as
an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 17072.18 is added to the Education Code, to
read:
   17072.18.  The board may provide funding for response costs of the
removal of hazardous waste or solid waste, the removal of hazardous
substances, or other remedial action in connection with hazardous
substances at a schoolsite, in the same manner as provided in Section
17072.13, to a school district that has not applied for, or
received, funds from the board for the acquisition of a schoolsite,
but which has incurred, or will incur, response costs necessary for
the development of the site, before it can undertake construction at
the site, in accordance with the requirements of this chapter, and
which is otherwise eligible to receive funds under this chapter.
  SEC. 2.  Section 17210 of the Education Code is amended to read:
   17210.  As used in this article, the following terms have the
following meanings:
   (a) "Administering agency" means any agency designated pursuant to
Section 25502 of the Health and Safety Code.
   (b) "Environmental assessor" means a class II environmental
assessor registered by the Office of Environmental Health Hazard
Assessment pursuant to Chapter 6.98 (commencing with Section 25570)
of Division 20 of the Health and Safety Code, a professional engineer
registered in this state, a geologist registered in this state, a
certified engineering geologist registered in this state, or a
licensed hazardous substance contractor certified pursuant to Chapter
9 (commencing with Section 7000) of Division 3 of the Business and
Professions Code.  A licensed hazardous substance contractor shall
hold the equivalent of a degree from an accredited public or private
college or university or from a private postsecondary educational
institution approved by the Bureau for Private Postsecondary and
Vocational Education with at least 60 units in environmental,
biological, chemical, physical, or soil science; engineering;
geology; environmental or public health; or a directly related
science field.  In addition, any person who conducts Phase I
environmental assessments shall have a least two years experience in
the preparation of those assessments and any person who conducts a
preliminary endangerment assessment shall have at least three years
experience in conducting those assessments.
   (c) "Handle" has the meaning the term is given in Article 1
(commencing with Section 25500) of Chapter 6.95 of Division 20 of the
Health and Safety Code.
   (d) "Hazardous air emissions" means emissions into the ambient air
of air contaminants that have been identified as a toxic air
contaminant by the State Air Resources Board or by the air pollution
control officer for the jurisdiction in which the project is located.
  As determined by the air pollution control officer, hazardous air
emissions also means emissions into the ambient air from any
substance identified in subdivisions (a) to (f), inclusive, of
Section 44321 of the Health and Safety Code.
   (e) "Hazardous material" has the meaning the term is given in
subdivision (d) of Section 25260 of the Health and Safety Code.
   (f) "Operation and maintenance," "removal action work plan,"
"respond," "response," "response action" and "site" have the meanings
those terms are given in Article 2 (commencing with Section 25310)
of the state act.
   (g) "Phase I environmental assessment" means a preliminary
assessment of a property to determine whether there has been or may
have been a release of a hazardous material, or whether a naturally
occurring hazardous material is present, based on reasonably
available information about the property and the area in its
vicinity.  A Phase I environmental assessment may include, but is not
limited to, a review of public and private records of current and
historical land uses, prior releases of a hazardous material, data
base searches, review of relevant files of federal, state, and local
agencies, visual and other surveys of the property, review of
historical aerial photographs of the property and the area in its
vicinity, interviews with current and previous owners and operators,
and review of regulatory correspondence and environmental reports.
Sampling or testing is not required as part of the Phase I
environmental assessment.  A Phase I environmental assessment
conducted pursuant to the requirements adopted by the American
Society for Testing and Materials for due diligence for commercial
real estate transactions and that includes a review of all reasonably
available records and data bases regarding current and prior gas or
oil wells and naturally occurring hazardous materials located on the
site or located where they could potentially effect the site,
satisfies the requirements of this article for conducting a Phase I
environmental assessment unless and until the Department of Toxic
Substances Control adopts final regulations that establish guidelines
for a Phase I environmental assessment for purposes of schoolsites
that impose different requirements from those imposed by the American
Society for Testing and Materials.
   (h) "Preliminary endangerment assessment" means an activity that
is performed to determine whether current or past hazardous material
management practices or waste management practices have resulted in a
release or threatened release of hazardous materials, or whether
naturally occurring hazardous materials are present, which pose a
threat to children's health, children's learning abilities, public
health or the environment.  A preliminary endangerment assessment
requires sampling and analysis of a site, a preliminary determination
of the type and extent of hazardous material contamination of the
site, and a preliminary evaluation of the risks that the hazardous
material contamination of a site may pose to children's health,
public health, or the environment, and shall be conducted in a manner
that complies with the guidelines published by the Department of
Toxic Substances Control entitled "Preliminary  Endangerment
Assessment:  Guidance Manual," including any amendments that are
determined by the Department of Toxic Substances Control to be
appropriate to address issues that are unique to schoolsites.
   (i) "Proposed schoolsite" means real property acquired or to be
acquired or proposed for use as a schoolsite, prior to its occupancy
as a school.
   (j) "Regulated substance" means any material defined in
subdivision (g) of Section 25532 of the Health and Safety Code.
   (k) "Release" has the same meaning the term is given in Article 2
(commencing with Section 25310) of Chapter 6.8 of Division 20 of the
Health and Safety Code, and includes a release described in
subdivision (d) of Section 25321 of the Health and Safety Code.
   (l) "Remedial action plan" means a plan approved by the Department
of Toxic Substances Control pursuant to Section 25356.1 of the
Health and Safety Code.
   (m) "State act" means the Carpenter-Presley-Tanner Hazardous
Substance Account Act (Chapter 6.8 (commencing with Section 25300) of
Division 20 of the Health and Safety Code).
  SEC. 3.  Section 17210.1 of the Education Code is amended to read:

   17210.1.  (a) Notwithstanding any other provision of law:
   (1) For sites addressed by this article for which school districts
elect to receive state funds pursuant to Chapter 12.5 (commencing
with Section 17070.10), the state act applies to schoolsites where
naturally occurring hazardous materials are present, regardless of
whether there has been a release or there is a threatened release of
a hazardous material.
   (2) For sites addressed by this article for which school districts
elect to receive state funds pursuant to Chapter 12.5 (commencing
with Section 17070.10), all references in the state act to hazardous
substances shall be deemed to include hazardous materials and all
references in the state act to public health shall be deemed to
include children's health.
   (3) All risk assessments conducted by school districts that elect
to receive state funds pursuant to Chapter 12.5 (commencing with
Section 17070.10) at sites addressed by this article shall include a
focus on the risks to children's health posed by a hazardous
materials release or threatened release, or the presence of naturally
occurring hazardous materials, on the schoolsite.
   (4) The response actions selected under this article shall, at a
minimum, be protective of children's health, with an ample margin of
safety.
   (b) In implementing this article, a school district shall provide
a notice to residents in the immediate area, approved in form by the
Department of Toxic Substances Control, prior to the commencement of
work on a preliminary endangerment assessment.
   (c) Nothing in this article shall be construed to limit the
authority of the Department of Toxic Substances Control or the State
Department of Education to take any action otherwise authorized under
any other provision of law.
   (d) Unless the Legislature otherwise funds its costs for
overseeing actions taken pursuant to this article, the Department of
Toxic Substances Control shall comply with Chapter 6.66 (commencing
with Section 25269) of Division 20 of the Health and Safety Code when
recovering its costs incurred in carrying out its duties pursuant to
this article.
   (e) Article 11 (commencing with Section 25220) of Chapter 6.5 of
Division 20 of the Health and Safety Code does not apply to
schoolsites at which all necessary response actions have been
completed.
  SEC. 4.  Section 17213.1 of the Education Code is amended to read:

   17213.1.  As a condition of receiving state funding pursuant to
Chapter 12.5 (commencing with Section 17070.10) the governing board
of a school district shall comply with subdivision (a), and is not
required to comply with subdivision (a) of Section 17213, prior to
the acquisition of a schoolsite, or if the school district owns or
leases a schoolsite, prior to the construction of a project.
   (a) Prior to acquiring a schoolsite the governing board shall
contract with an environmental assessor to supervise the preparation
of and sign a Phase I environmental assessment of the proposed
schoolsite unless the governing board decides to proceed directly to
a preliminary endangerment assessment, in which case it shall comply
with paragraph (4).
   (1) The Phase I environmental assessment shall contain one of the
following recommendations:
   (A) A further investigation of the site is not required.
   (B) A preliminary endangerment assessment is needed, including
sampling or testing, to determine the following:
   (i) If a release of hazardous material has occurred and, if so,
the extent of the release.
   (ii) If there is the threat of a release of hazardous materials.
   (iii) If a naturally occurring hazardous material is present.
   (2) If the Phase I environmental assessment concludes that further
investigation of the site is not required, the assessment together
with all documentation related to the proposed acquisition or use of
the proposed schoolsite shall be submitted to the State Department of
Education.  A school district may submit a Phase I environmental
assessment to the State Department of Education prior to its
submission of other documentation related to the proposed schoolsite
acquisition or use.  Within 10 calendar days of receipt of the Phase
I environmental assessment and of the fee to be forwarded to the
Department of Toxic Substances Control for its review of the Phase I
environmental assessment, the State Department of Education shall
transmit the Phase I environmental assessment to the Department of
Toxic Substances Control for its review and approval, which shall be
conducted by the Department of Toxic Substances Control within 30
calendar days of its receipt of the assessment and of sufficient
information to allow the Department of Toxic Substances Control to
confirm that the environmental assessor signing the assessment meets
the qualifications set forth in subdivision (b) of Section 17210.  In
those instances in which the Department of Toxic Substances Control
requests additional information after receipt of the Phase I
environmental assessment pursuant to paragraph (3), the Department of
Toxic Substances Control shall conduct its review and approval
within 30 days of its receipt of the requested additional
information.  If the Department of Toxic Substances Control concurs
with the conclusion of the Phase I environmental assessment that a
further investigation of the site is not required, the Department of
Toxic Substances Control shall approve the Phase I environmental
assessment and shall notify the State Department of Education and the
governing board of the school district of the approval.
   (3) If the Department of Toxic Substances Control determines that
the Phase I environmental assessment is not complete or disapproves
the Phase I environmental assessment, the department shall inform the
school district of the decision, the basis for the decision, and
actions necessary to secure department approval of the Phase I
environmental assessment.  The school district shall take actions
necessary to secure the approval of the Phase I environmental
assessment, elect to conduct a preliminary endangerment assessment,
or elect not to pursue the acquisition or the construction project.
To facilitate completion of the Phase I environmental assessment, the
information required by this paragraph may be provided by telephonic
or electronic means.
   (4) If the Phase I environmental assessment concludes that a
preliminary endangerment assessment is needed, or if the Department
of Toxic Substances Control concludes after it reviews a Phase I
environmental assessment pursuant to this section that a preliminary
endangerment assessment is needed, the school district shall either
contract with an environmental assessor to supervise the preparation
of and sign a preliminary endangerment assessment of the proposed
schoolsite and enter into an agreement with the Department of Toxic
Substances Control to oversee the preparation of the preliminary
endangerment assessment or elect not to pursue the acquisition or
construction project.   The agreement entered into with the
Department of Toxic Substances Control may be entitled an
"Environmental Oversight Agreement" and shall reference this
paragraph.  A school district may, with the concurrence of the
Department of Toxic Substances Control, enter into an agreement with
the Department of Toxic Substances Control to oversee the preparation
of a preliminary endangerment assessment without first having
prepared a Phase I environmental assessment.  Upon request from the
school district, the Director of the Department of Toxic Substances
Control shall exercise its authority to designate a person to enter
the site and inspect and obtain samples pursuant to Section 25358.1
of the Health and Safety Code, if the director determines that the
exercise of that authority will assist in expeditiously completing
the preliminary endangerment assessment.  The preliminary
endangerment assessment shall contain one of the following
conclusions:
   (A) A further investigation of the site is not required.
   (B) A release of hazardous materials has occurred, and if so, the
extent of the release, that there is the threat of a release of
hazardous materials, or that a naturally occurring hazardous material
is present, or any combination thereof.
   (5) The school district shall submit a preliminary draft of the
preliminary endangerment assessment to the Department of Toxic
Substances Control for its review and approval and to the State
Department of Education for its files.   The school district may
entitle a document that is meant to fulfill the requirements of a
preliminary endangerment assessment a "preliminary environmental
assessment" and that document shall be deemed to be a preliminary
endangerment assessment if it specifically refers to the statutory
provisions whose requirements it intends to meet and the document
meets the requirements of a preliminary endangerment assessment.
   (6) The Department of Toxic Substances Control shall complete its
review within 60 calendar days of receipt of the preliminary
endangerment assessment and shall either return the preliminary draft
to the school district with comments and requested modifications or
requested further assessment or approve the preliminary endangerment
assessment as a final draft preliminary endangerment assessment.  If
the final draft preliminary endangerment assessment is approved and
the school district proposes to proceed with site acquisition or a
construction project, the school district shall make the final draft
preliminary endangerment assessment available to the public on the
same basis and at the same time it makes available the draft
environmental impact report or negative declaration pursuant to the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code) for the site, unless the
document developed pursuant to the California Environmental Quality
Act (Division 13 (commencing with Section 21000) of the Public
Resources Code) will not be made available until more than 90 days
after the final draft preliminary endangerment assessment is
approved, in which case the school district shall, within 60 days of
the approval of the final draft of the preliminary endangerment
assessment, separately publish a notice of the availability of the
final draft for public review in a local newspaper of general
circulation.  The school district shall hold a public hearing on the
final draft preliminary endangerment assessment and the draft
environmental impact report or negative declaration at the same time,
pursuant to the California Environmental Quality Act (Division 13
(commencing with Section 21000) of the Public Resources Code).  All
comments pertaining to the final draft preliminary endangerment
assessment and the draft environmental impact report or negative
declaration shall be forwarded to the Department of Toxic Substances
Control immediately.  If the district has complied with the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code) prior to initiating the
preliminary endangerment assessment, the district shall reconsider
the adequacy of its approved environmental impact report or negative
declaration in light of the approved final draft of the preliminary
endangerment assessment and determine whether a further environmental
document is necessary.  The district shall hold a public hearing on
the final draft preliminary endangerment assessment and its
determination on the adequacy of the existing environmental documents
at the same time and in the same manner as it would for a draft
environmental impact report or draft negative declaration as
previously set forth in this section.  The Department of Toxic
Substances Control shall approve or disapprove the final preliminary
endangerment assessment within 30 days of the district's approval
action on the environmental document prepared under the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code) and shall issue notice of its
determination accompanied by a statement of the basis of the
determination.  The school district shall consider whether any
changes between the final draft and final preliminary endangerment
assessment require any change in its determination pursuant to the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code).  The school district
shall not file its notice of determination under the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code) until after the Department of
Toxic Substances Control has approved the final preliminary
endangerment assessment.  The public participation process set forth
in this section shall be used by the school district and the
Department of Toxic Substances Control instead of procedures set
forth in Sections 25358.7 and 25358.7.1 of the Health and Safety Code
with respect to preliminary endangerment assessments.  If further
response actions beyond a preliminary endangerment assessment are
required and the district determines that it will proceed with the
acquisition or construction project, the district shall comply with
the public participation requirements of Sections 25358.7 and
25358.7.1 of the Health and Safety Code and other applicable
provisions of the state act with respect to those response actions.
   (7) If the Department of Toxic Substances Control disapproves the
final draft preliminary endangerment assessment, it shall inform the
district of the decision, the basis for the decision, and actions
necessary to secure the Department of Toxic Substances Control
approval of the preliminary endangerment assessment.  The school
district shall take actions necessary to secure the approval of the
Department of Toxic Substances Control of the preliminary
endangerment assessment or elect not to pursue the acquisition or
construction project.
   (8) If the preliminary endangerment assessment determines that a
further investigation of the site is not required and the Department
of Toxic Substances Control approves this determination, it shall
notify the State Department of Education and the school district of
its approval.  The school district may then proceed with the
acquisition or construction project.
   (9) If the preliminary endangerment assessment determines that a
release of hazardous material has occurred, that there is the threat
of a release of hazardous materials, that a naturally occurring
hazardous material is present, or any combination thereof, that
requires further investigation, and the Department of Toxic
Substances Control approves this determination, the school district
may elect not to pursue the acquisition or construction project.  If
the school district elects to pursue the acquisition or construction
project, it shall do all of the following:
   (A) Prepare a financial analysis that estimates the cost of
response action that will be required at the proposed schoolsite.
   (B) Assess the benefits that accrue from using the proposed
schoolsite when compared to the use of alternative schoolsites, if
any.
   (C) Obtain the approval of the State Department of Education that
the proposed schoolsite meets the schoolsite selection standards
adopted by the State Department of Education pursuant to subdivision
(b) of Section 17251.
   (D) Evaluate the suitability of the proposed schoolsite in light
of the recommended alternative schoolsite locations in order of merit
if the school district has requested the assistance of the State
Department of Education, based upon the standards of the State
Department of Education, pursuant to subdivision (a) of Section
17251.
   (10) The school district shall reimburse the Department of Toxic
Substances Control for all of the department's response costs.
   (b) The costs incurred by the school districts when complying with
this section are allowable costs for purposes of an applicant under
Chapter 12.5 (commencing with Section 17070.10) of Part 10 and may be
reimbursed in accordance with Section 17072.13.
   (c) A school district that releases a Phase I environmental
assessment, a preliminary endangerment assessment, or information
concerning either of these assessments, any of which is required by
this section, may not be held liable in any action filed against the
school district for making either of these assessments available for
public review.
  SEC. 5.  Section 17213.2 of the Education Code is amended to read:

   17213.2.  As a condition of receiving state funds pursuant to
Chapter 12.5 (commencing with Section 17070.10), all of the following
apply:
   (a) If a preliminary endangerment assessment prepared pursuant to
Section 17213.1 discloses the presence of a hazardous materials
release, or threatened release, or the presence of naturally
occurring hazardous materials, at a proposed schoolsite at
concentrations that could pose a significant risk to children or
adults, and the school district owns the proposed schoolsite, the
school district shall enter into an agreement with the Department of
Toxic Substances Control to oversee response action at the site and
shall take response action pursuant to the requirements of the state
act as may be required by the Department of Toxic Substances Control.

   (b) Notwithstanding subdivision (a), a school district need not
take action in response to a release of hazardous material to
groundwater underlying the schoolsite if the release occurred at a
site other than the schoolsite and if the following conditions apply:

   (1) The school district did not cause or contribute to the release
of a hazardous material to the groundwater.
   (2) Upon the request of the Department of Toxic Substances Control
or its authorized representative the school district provides the
Department of Toxic Substances Control or its authorized
representative with access to the schoolsite.
   (3) The school district does not interfere with the response
action activities.
   (c) If at anytime during the response action the school district
determines that there has been a significant increase in the
estimated cost of the response action, the school district shall
notify the State Department of Education.
   (d) A school district that is required by the Department of Toxic
Substances Control to take response action at a proposed schoolsite
is subject to both of the following prohibitions:
   (1) The school district may not begin construction of a school
building until the Department of Toxic Substances Control determines
all of the following:
   (A) That the construction will not interfere with the response
action.
   (B) That site conditions will not pose a significant threat to the
health and safety of workers involved in the construction of the
school building.
   (C) That the nature and extent of any release or threatened
release of hazardous materials or the presence of any naturally
occurring hazardous materials have been fully characterized.
   (2) The school district may not occupy a school building following
construction until it obtains from the Department of Toxic
Substances Control a certification that all response actions, except
for operation and maintenance activities, necessary to ensure that
hazardous materials at the schoolsite no longer pose a significant
risk to children and adults at the schoolsite have been completed and
that the response action standards and objectives established in the
final removal action work plan or remedial action plan have been met
and are being maintained.  After a school building
                        is constructed and occupied, a school
district may continue with ongoing operation and maintenance
activities if the Department of Toxic Substances Control certifies
before occupancy that neither site conditions nor the ongoing
operation and maintenance activities pose a significant risk to
children or adults at the schoolsite.
   (e) If, at anytime during construction at a schoolsite, a
previously unidentified release or threatened release of a hazardous
material or the presence of a naturally occurring hazardous material
is discovered, the school district shall cease all construction
activities at the sites notify the Department of Toxic Substances
Control, and take actions required by subdivision (a) that are
necessary to address the release or threatened release or the
presence of any naturally occurring hazardous materials.
Construction may be resumed if the Department of Toxic Substances
Control determines that the construction will not interfere with any
response action necessary to address the hazardous material release
or threatened release or the presence of a naturally occurring
hazardous material, determines that the site conditions will not pose
a significant threat to the health and safety of workers involved in
the construction of the schoolsite, and certifies that the nature
and extent of the release, threatened release, or presence of a
naturally occurring hazardous material have been fully characterized.

   (f) Construction may proceed at any portions of the site that the
Department of Toxic Substances Control determines are not affected by
the release or threatened release of hazardous materials, or
presence of any naturally occurring hazardous materials, provided
that all of the following apply:
   (1) Those portions of the site have been fully characterized.
   (2) The Department of Toxic Substances Control determines that the
construction will not interfere with any response action necessary
to address the release or threatened release of hazardous materials,
or presence of any naturally occurring hazardous materials.
   (3) The site conditions will not pose a significant threat to the
health and safety of workers involved with construction.
   (g) The Department of Toxic Substances Control shall notify the
State Department of Education, the Division of the State Architect,
and the Office of Public School Construction when the Department of
Toxic Substances Control certifies that all necessary response
actions have been completed at a schoolsite.  The Department of Toxic
Substances Control shall also notify the Division of the State
Architect whenever a response action has an impact on the design of a
school facility and shall specify the conditions that must be met in
the design of the school facility in order to protect the integrity
of the response action.
   (h) The school district shall reimburse the Department of Toxic
Substances Control for all response costs incurred by the department.

   (i) The costs incurred by the school districts when complying with
this section are allowable costs for purposes of an applicant under
Chapter 12.5 (commencing with Section 17070.10) of Part 10 and may be
reimbursed in accordance with Section 17072.13.
  SEC. 6.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
  SEC. 7.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to ensure that school districts receive state funding by
complying with the Phase I environmental assessment requirement, it
is necessary that this act take effect immediately.
